02 NCAC 42 .0102             DEFINITIONS

Except as otherwise defined in Chapter 119, North Carolina General Statutes, the definitions applicable in this Chapter are as follows:

(1)           "ASTM" means ASTM International.

(2)           "Approved lead substitute" means an EPA registered gasoline additive formulated to reduce valve seat recession in engines designed to operate on leaded gasoline.

(3)           "Biodiesel" means a fuel comprised of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats, designated B100, and meeting the requirements of ASTM D 6751.

(4)           "Biodiesel Blend" means a blend of biodiesel meeting ASTM D 6751 with petroleum-based diesel fuel meeting ASTM D 975 or fuel oil meeting ASTM D 396 and designated BXX, where XX represents the volume percentage of biodiesel in the blend.

(5)           "Board" means the Gasoline and Oil Inspection Board.

(6)           "Cetane number" means the relative ignition quality of diesel fuels by the ASTM Cetane Method D 613.

(7)           "Denatured fuel ethanol" means ethanol meeting the provisions of ASTM D 4806, "Standard Specification for Denatured Fuel Ethanol to be Blended with Gasolines for Use as an Automotive Spark‑Ignition Engine Fuel."

(8)           "Director" means the Director of the Standards Division of the North Carolina Department of Agriculture and Consumer Services.

(9)           "Distributor" means any person who transports or stores or causes the transportation or storage of gasoline at any point between any gasoline refinery or importer's facility and any retail outlet or wholesale purchaser-consumer's facility.

(10)         "E85" means a petroleum product that is a blend of denatured ethanol and gasoline or natural gasoline of which the ethanol portion is nominally 70 to 85 percent ethanol by volume and meeting the requirements of ASTM D 5798.

(11)         "EPA" means the United States Environmental Protection Agency.

(12)         "Leaded" means any gasoline or gasoline‑oxygenate blend which contains more than 0.05 gram lead per U.S. gallon (0.013 gram lead per liter) or contains an approved lead substitute which provides a lead equivalency of at least 0.10 gram lead per U.S. gallon (0.026 gram per liter).

(13)         "Liquefied petroleum gas" means any material which is composed predominantly of any of the following hydrocarbons or mixtures of same:  propane, propylene, butanes (normal or iso‑butane), and butylenes.

(14)         "Motor Octane Number" means the number describing the relative anti‑knock characteristic of a motor fuel determined by ASTM Motor Method (D 2700).

(15)         "NCWM" means the National Conference on Weights and Measures.

(16)         "NIST" means the National Institute of Standards and Technology.

(17)         "Octane Index" means the number obtained by adding the research octane number and the motor octane number and dividing the sum by two.

(18)         "Oxygenate" means any substance which, when added to gasoline, increases the amount of oxygen in that gasoline, and which has been approved by EPA for use in gasoline.

(19)         "Premium Diesel" means a refined middle distillate petroleum product that meets the specifications of ASTM D 975 and NIST Handbook 130, Uniform Engine Fuels, Petroleum Products and Automotive Lubricants Regulation, section 2.2.1.

(20)         "Qualitative word or term" means any word or term used in a brand name which by definition or customary usage indicates a level of quality, classification, grade, or designation.

(21)         "Regular" when used as part of a brand name or as a grade designation for gasoline or gasoline‑oxygenate blend shall be construed to mean an unleaded regular grade commercial automotive gasoline or gasoline‑oxygenate blend.

(22)         "Renewable Diesel Fuel" means a fuel which is not a mono-alkyl ester; meets the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 7545 of the Clean Air Act; is intended for use in engines that are designed to run on conventional, petroleum derived diesel fuel; is derived from nonpetroleum renewable resources including, but not limited to, vegetable oil, animal wastes, including poultry fats and poultry wastes, and other waste materials, or municipal solid waste and sludges and oils derived from wastewater and the treatment of wastewater; and meets the latest version of ASTM specification D 975.

(23)         "Research Octane Number" means the number describing the relative anti‑knock characteristic of a motor fuel determined by ASTM Research Method (D 2699).

(24)         "Retail" means the sale or offering for sale of gasoline to the ultimate consumer for use in a motor vehicle.

(25)         "Substantially Similar" rule means the United States Environmental Protection Agency's "Substantially Similar" rule, Section 211 (f) (1) of the Clean Air Act [42 U.S.C. 7545 (f) (1)].

(26)         "Terminal" means a facility at which gasoline is dispensed into trucks for transportation to retail outlets or wholesale purchaser-consumer facilities.

(27)         "Unleaded" means any gasoline or gasoline‑oxygenate blend to which no lead or phosphorus compounds have been intentionally added and which contains not more than 0.05 gram lead per U.S. gallon (0.013 gram lead per liter) and not more than 0.005 gram phosphorus per U.S. gallon (0.0013 gram phosphorus per liter).

History Note:        Authority G.S. 119‑26; 119-26.1;

Eff. December 1, 1981;

Amended Eff. July 1, 2008; September 1, 1992; May 1, 1990; April 1, 1989; June 1, 1987;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.